Sunday, January 13, 2008

How to Understand Mexican Real Estate

Introduction

You looked at a gorgeous piece of oceanfront property in Mexico and you're hooked. Your dream of retiring by the beach is about to come true. But there are things you need to know when entering into a contract. Before signing the purchase/sell agreement, make sure you understand how you will hold title to your piece of Mexican paradise.

Instructions

Difficulty: Moderate

Things You'll Need

  • A trustworty real estate agent, preferably from a well-known company.
  • A reputable escrow company
  • A good Notario Público (Notary Public)

Steps

1

Step One

If your property is located within 60 miles of the border or 30 miles from the coast, you will need a "Fideicomiso" or Mexican Bank Trust.
The Fideicomiso protects your investment by allowing the Mexican bank of your choice to act as the Trustee of the Trust and you as the Beneficiary. This means the Mexican bank or Trustee takes instructions from the Beneficiary only--you.
2

Step Two

The duration of the Fideicomiso is for a period of 50 years and is renewable for an additional period of 50 years.
3

Step Three

As the Beneficiary of the Trust, you have the right to occupy and possess the property, rent it out, build on it, add to it or make any improvements you deem necessary.
4

Step Four

Get a title search. Get an extensive chain of title, one that goes back more than 1 or 2 owners of record.
5

Step Five

Invest in title insurance. Title insurance is available by reputable U.S. title companies. Avoid unpleasant surprises.
6

Step Six

Use the services of an escrow company. They will hold your money in an insured escrow account until yout Trust is complete.
7

Step Seven

Make sure your deed of title or "escritura" has been duly recorded with the Mexican Property Tax Office (Catastro) and the Public Registry of Property and Commerce (Registro Público de la Propiedad y el Comercio).
8

Step Eight

Pay your property taxes each year. "Catastro" will not mail you a notice. Make sure you ask your real estate agent if you can set up an account for the purpose of paying your property taxes, as you cannot mail the payment or wire the funds from your bank in the U.S.

Tips & Warnings

  • Your property is not an asset of the Mexican Bank. The Fideicomiso is a trust agreement and is like an estate trust, giving you all the rights of ownership. The bank does charge an annual fee for its services.
  • You can name a U.S. corporation as the Beneficiary of the Trust.
  • Have the "escritura" translated by a reputable translator.
  • Until your receive your recorded "escritura" and all rights have been transferred to you, the legal owner of record is still the previous owner.
  • Do not let anyone sell you ejido land. You will never obtain a legal title for it. Ejido land is land set aside by the government of Mexico for its indigenous people. It cannot be sold to foreigners.
  • In Mexico, you cannot record transfers of title without going through a Notario Público.

How to Settle Your Living Trust

Introduction

If you are a friend or loved one of someone who has recently passed away, you are in a common but painful position of mourning. This friend or loved one may have left benefits in the form of a living trust, and it is possible that you were remembered in this document as a beneficiary of some kind. If you are wondering how to settle the trust, the answer is simple. Read on for more information.

Instructions

Difficulty: Moderate

Settling a Living Trust

Things You'll Need

  • Attorney

Steps

1

Step One

Wait to be contacted by the successor trustee, which is the person to whom the trust passed at the time of death. This person is responsible for carrying out the orders of the trust.
2

Step Two

If you are the successor trustee, carry out the following steps.
3

Step Three

Make sure that any creditors of the deceased have been paid as well as any income and death taxes that apply.
4

Step Four

Hire an attorney to make sure you have not missed any taxes or other important factors. You are now personally liable for these taxes. The attorney will also help you to settle the estate.
5

Step Five

Contact the inheritors and set up transfers of assets as required by the trust and as instructed by the attorney.

How to Leave Money to a Pet in a Will

Introduction

The late Leona Helmsley reportedly left $12 million to her dog. For people who don't like animals, the idea of including them in a will is ridiculous. To animal lovers, it's a reassuring. Unfortunately, the law considers pets as property and one property can't leave property to another, including cash. But there are actions we can take to insure our pet's well being if they should outlive us. Read on to find out how.

Instructions

Difficulty: Moderately Easy

Steps

1

Step One

Be clear about what you legally can and can't do for your companion animal after you're gone. You cannot make your dog a beneficiary, your cat cannot serve as your executor and the $10,000 you bequeath to your African Gray will probably end up with a worthless relative who decides to challenge the will. You can, however, place any amount of money you choose into a special trust to fund the precise care you wish for your pet or pets – if pet trusts are recognized in your state.
2

Step Two

Choose a trusted friend or family member to serve as trustee of the money you set aside for the care of your companion animal. It would be a good idea to assign a co-trustee so they can keep an eye on each other. You should also choose an alternate trustee in case one or both of the co-trustees pass away before your pet.
3

Step Three

Make sure the people you choose to serve as trustees understand they'll be legally responsible to make sure the money is spent on your pet. A pet trust is not just a request. A pet trust is an enforceable trust and the pet is indeed the primary beneficiary.
4

Step Four

Exercise your option not to leave your pet's care to a friend or relative since will or no will, it's never the animals who end up trying to get all the money. It's sometimes more prudent to leave a no-kill, non-profit animal rescue a certain amount of money in a will in exchange for lifelong care of a pet or pets.
5

Step Five

Consider a provision in your legal document that any money left in the trust after the animal dies goes to a specific charity or is divided among several specific charities. This is smart because if someone challenges the will, they'll have to not only fight your estate for the money, but all the charities you've named as well.

Tips & Warnings

  • The ASPCA.org provides a handy pet trust state laws chart in the "Planned Giving" section, but double check your state's requirements with an attorney before completing any legal documents.
  • If you have multiple pets or plan to have additional pets in the future, you may wish to create a trust for all the pets you'll have in your lifetime, rather than a separate trust for each.

How to Get Power of Attorney for a Military Deployment

Introduction

Before you deploy, get a military power of attorney for your spouse or the person taking care of your financial matters at home. It won’t cost you a thing, and it will alleviate stress for you and your family after you deploy.

Instructions

Difficulty: Moderately Easy

Things You'll Need

  • Military power of attorney

Steps

1

Step One

Designate a person, usually a spouse or a family member, who will take care of your financial and personal matters while you are deployed.
2

Step Two

Determine the length of time a power of attorney will be necessary. Depending on the deployment schedule, this is usually 6 months to a year.
3

Step Three

Locate a local U.S. Armed Forces Legal Assistance office. You are not required to pay and you can use their services if you are active duty, retired active duty or a dependant of either.
4

Step Four

Consult with a legal assistance attorney to create a military power of attorney.
5

Step Five

Specify the actions you want included in a special power of attorney. If you choose a general power of attorney, you will give total control of your finances and personal matters to the person you designate.
6

Step Six

Sign the power of attorney before you deploy! Even the simplest of tasks, like shutting off utilities, will be impossible without that signed piece of paper.

Tips & Warnings

  • You can use a civilian lawyer to get a power of attorney, but if your power of attorney will be used in a different state, it is best to have a military power of attorney. Although anyone can personally refuse to accept them, military power of attorneys will be accepted in any state, no matter where they were drafted.
  • If you choose a general power of attorney, be sure you trust the person you designate. They will have complete authority over all of your financial matters.

How to Evaluate a Living Trust

Introduction

A living trust is simply a trust that you set up while you are still alive. Once you die or become incapacitated, a trustee of your choosing will have the power to make decisions regarding your trust. This allows you to have more control over your assets, both while you are here and when you are not, instead of leaving your decisions up to a probate judge. There are three key things to think about when considering a living trust.

Instructions

Difficulty: Moderate

Steps

1

Step One

Decide whether or not you want to appoint a trustee to oversee your assets, if and when you become unable to do so. This person will be given full authority over the trust, so it is important to choose a neutral third party who won't stand to gain from controlling your assets. For example, you might want to choose a lawyer, rather than a family member, to be your trustee.
2

Step Two

Determine how important it is for you to control the allocation of your assets, rather than relying on the probate process. A living trust will allow you to do just that, to ensure that your assets will be left to exactly whom you would like. You will most likely be able to avoid probate completely, if you decide to make a living trust.
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Step Three

Establish how important it is for you to protect your loved ones from estate taxes and others who may try to seize your assets after you pass on. This is another benefit of a living trust, since probate can often leave loved ones with 60 percent or less of your assets.

How to Decide if you need a will, a living will, a living trust or all three.

Introduction

How to Decide if you need a Will, a Living Will, a Living Trust or all three.

Instructions

Difficulty: Easy

Things You'll Need

  • You'll need to read this short article.
  • Discuss it with your family members and loved ones.
  • Then get to work.

Steps

1

Step One

A Will, a Living Will and Living Trust
(Do you need one, two or all three?)


To write a will you must first know what a will is, what a will covers and doesn't cover, and what other legal estate planning documents you might want and need. A will, a living will, and a living trust are important legal documents. Every adult American should probably have one of each AND understand what each does. So that you will know the difference between a will, a living will and a living trust, I will briefly describe them and what each is used to accomplish.

What is a LIVING TRUST? You can put property into a living trust while you are still alive. When you die, your property automatically goes to your heirs without going through Probate Court, which can be very time consuming as well as expensive. You can revoke a living trust at any time if you change your mind, or simply amend and update it as situations change during your lifetime.

What is a LIVING WILL? A living will is a legally binding document that dictates one's wish NOT to be kept alive by artificial life support equipment in the event of a terminal illness or condition. By limiting treatment, a living will sets limits on hospital bills which can drain or even completely wipe out your assets, leaving little in your estate for your heirs.

What is a WILL? A will is a legal document that dictates how your property (real property, bank accounts and insurance benefits, etc.) is to be distributed after your death. It may also designate guardians for your children. Your will MUST pass through Probate Court before your estate can be distributed to your heirs. Whether you need a simple or a sophisticated will depends on your assets and you should know your situation well enough to determine if you need professional assistance in writing or filing them.

All three of the aforementioned legal documents can work together to satisfy your various estate planning needs. A living trust permits your financial assets to go to your heirs without the time and expense of probate. A will is used to cover all the property not included in the living trust; and remember, without a will the state will determine who gets your remaining property after taxes and fees have been paid.

A number of simple legal 'kits' containing fill-in-the-blank sample documents like the ones mentioned above are available at your local library as well as on the Internet. These kits are generally inexpensive and if you have the confidenc
2

Step Two

Now that you've read this article, show and discuss it with your family members and loved ones.
3

Step Three

Now, do further reasearch if you feel it's necessary either online, at the library or here at e-How; or, see a qualified attorney if you feel your case requires the services of a licensed professional. Ask for referrals from trusted, knowledgable friends or simply do a search of your local telephone directory.

How to Choose an Agency to Set Up a Memorial Fund

Introduction

When a friend or family member passes away, there is often an urge to make a charitable contribution in that person's name. However, you may not know the best charity to which you should donate your money. If a close friend or relative has recently passes away, you can choose an agency with which to set up a memorial fun in order to give people a donation option.

Instructions

Difficulty: Moderate

Things You'll Need

  • Information about the deceased's donation preferences
  • Will

Steps

1

Step One

Discuss memorial fund options with your loved one if death is a certainty in the future.
2

Step Two

Review the deceased's will to see if specific instructions were given regarding memorial funds.
3

Step Three

Collect information about where the deceased has donated money in the past few years or where money from the estate will be going.
4

Step Four

Consider churches at which the deceased was a member.
5

Step Five

Consider organization fighting the disease causing the deceased's death, if that is the case.
6

Step Six

Call each organization on the list to find out about the possibility of a memorial fund. Some simply are not set up to run such programs.
7

Step Seven

Talk with other friends and family members of the deceased for input about where the money should go.
8

Step Eight

Choose the organizations that most need the money or that were most dear to the deceased.

How to Make an Irrevocable Trust

Introduction

An irrevocable trust is an estate-planning tool that allows you to control your assets, provide for your heirs and sidestep some estate and income taxes. Engaging legal counsel to help prepare these documents is recommended, although you may be able to make your own irrevocable trust by following these simple steps.

Instructions

Difficulty: Moderate

Things You'll Need

  • Irrevocable trust forms
  • List of assets
  • Beneficiaries
  • Lawyer
  • Notary public

Steps

1

Step One

Make a list of your assets and the individuals you would like to receive your property upon your death or incapacitation. Keep in mind that once you make an irrevocable trust, it cannot be changed.
2

Step Two

Obtain the necessary forms to make your irrevocable trust from an attorney, a qualified trust preparer, a paralegal or on the Internet at websites, such as forms.lawguru.com. Seek legal assistance if you need help completing the forms
3

Step Three

Prepare your irrevocable trust to provide for your minor and adult children, grandchildren and any developmentally handicapped heirs.
4

Step Four

Take advantage of making an irrevocable trust to exclude unwanted individuals from staking a claim to your estate.
5

Step Five

Study your local, state and county laws governing trusts. You may have to complete state-specific documents when preparing yours.
6

Step Six

Abide by Internal Revenue Service code regulations if you are making an irrevocable trust to avoid estate and/or income taxes. When that is the case, you (the individual establishing the trust) can't have any power or control—direct or indirect—over the property or income of the trust. Obtain a tax exemption form from the county assessor's office in the county where the property is located.
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Step Seven

Verify what must be done to "fund" your trust, including transferring property ownership, deeds and financial accounts.
8

Step Eight

Have your documents notarized and/or witnessed and, if necessary, recorded with your local county recorder's office to make them official.

Tips & Warnings

  • An irrevocable trust cannot be amended.
  • Consult an attorney if you have questions or concerns about making an irrevocable trust.
  • A "Medallion Signature Guarantee" might be required when creating your irrevocable trust. Many banks provide a Medallion Signature Guarantee at no charge for their customers. It is different from notarizing a signature, because it guarantees that it is your signature.

How to Create a Living Trust

Introduction

How can you safeguard the wealth that you've earned and pass it on
to your heirs? One way is to establish a living trust. This financial
arrangement gives someone you choose legal title to your property
during your lifetime. This means he or she--not someone the state
chooses--will take care of your property should you become incapacitated.
Living trusts cost more to create, administer and manage than
wills, but they also avoid probate costs, reduce estate taxes, and set
up long-term property management. Plus they offer more privacy than
wills, keeping your finances out of the courts.

Instructions

Difficulty: Moderate

Steps

1

Step One

Learn the difference between regular trusts and living trusts. A trust is a legal arrangement where you give control of your property to a trust and name a trustee and beneficiaries. A living trust differs from a regular trust in that it is created while you're alive, and it allows you to control the distribution of your estate and to transfer ownership of your property and assets into the trust. It also allows your beneficiaries to avoid probate. Many times, living trusts are irrevocable--once you give the money or asset away, you can't get it back.
2

Step Two

Determine if a living trust is right for you. Consider one if your total estate is valued at $100,000 or more; if you will be subject to estate taxes; or if you have a complicated family situation, such as children from a previous marriage whom you wish to ensure receive their share of your estate. An estate attorney will help you figure out if a living trust is what you need. Key questions to ask include: Am I up to the comprehensive recordkeeping duties that come with managing the trust? Do I want to give someone control over my estate if I become incapacitated? Is a will a better option for me?
3

Step Three

Talk to an experienced estate-planning attorney or a financial adviser. You'll need a lawyer anyway, as most states require that attorneys draft living-trust documents. Ask your local bar association (abanet.org) for a list of reputable lawyers or contact LegalMatch.net. When you interview candidates, look for someone with whom you'll feel comfortable working and whose rates are reasonable. Always have the attorney write out any agreements for services and fees.
4

Step Four

Protect your family's privacy by avoiding probate. Probate is a legal process where a deceased person's will is filed with the local court, and only after all debts are paid off are any remaining assets and property distributed. Probate costs can range from 2 to 4 percent of the total value of your estate. If your estate comes before a judge in court, your will becomes public, and anyone can inspect it. Keep your affairs private with a living trust, and help your loved ones avoid this costly, time-consuming process.
5

Step Five

Fund your living trust sufficiently. You can use numerous sources, including bank accounts, bonds, stocks, real estate, personal property and life insurance. You simply need to ensure that the title on these assets is retitled with the name of your trust. Also ensure that you transfer any property you own from your name to the trust's name. An estate-planning specialist, ideally a lawyer or a financial adviser, will be able to walk you through it.

How to Become a Notary in Florida

Introduction

A notary public is a state-appointed government official with the authority to witness the signing of legal documents and administer oaths. A notary helps to prevent fraud by validating the identity of a signatory and confirms that a document is appropriately executed. Additionally, a notary authenticates that the person signing a document in the notary's presence is doing so of their own free will and has a thorough understanding of what they are signing.

Instructions

Difficulty: Moderately Easy

Steps

1

Step One

Take the 3 hour notary public training course, which is required by the state of Florida. You can take the course from the Florida Department of State Web site or from the National Notary Association Web site (see Resources). You will then receive a certificate of completion.
2

Step Two

Download both the notary public application form and the bonding form from the National Notary Association. Complete and mail these back to the National Notary Association along with a copy of the course certificate of completion. The National Notary Association will activate your bond and file it with the Florida Department of State.
3

Step Three

Obtain your notary application, alternatively, from a bonding company. You can find a list of Florida bonding companies on the Florida Department of State Web site. Fill out the application and send it back to the bonding company along with a copy of the course certificate of completion. The bonding company will then activate your notary bond and file it with the Florida Department of State.
4

Step Four

Obtain the necessary tools to conduct business as a notary public in Florida. An inkstamp is required, and a recordbook is recommended.

Tips & Warnings

  • Even if you are not required to pass an exam, it's a good idea to take a course to gain a thorough, working knowledge of the obligations, rules of conduct and guidelines to being a notary public.
  • There are several private companies that will take you through the entire process of becoming a notary in Florida for a fee.
  • Obtain Notary Errors & Omissions Insurance to protect yourself from any lawsuits. The notary bond protects your client from any errors or negligence on your part. The Errors & Omissions Insurance protects you.
  • You will be required to pay state application fees. Check with the National Notary Association or the Florida Department of State for more information.
  • Your term of office in Florida is 4 years. Be sure to renew your commission before your term expires. A refresher course is not required for reappointment of your notary commission. You can renew your commission through a bonding agent. If your commission has expired, but you have taken the course, then send your course completion certificate along with your renewal application to a bonding agent. You can also renew your commission through the National Notary Association.
  • You must be 18 years of age or older, a permanent resident of Florida and be conversant in English. If convicted of a felony, you must have your civil rights restored.

How to Set Up a Pet Trust

Introduction

Pet trusts are becoming more and more commonplace due to the love and concern Americans have for their pets. After all, pets are considered family members, and it only makes sense to provide for your family member in the event of your disability or death. A pet trust is a legal document that can be monitored by the courts and allows you to entrust money or property to a “trustee” who will be responsible for managing it and distributing it to your designated caregiver for the duration of your pet’s life. There are several steps involved in creating a pet trust--follow these steps and you'll have your trust set up in no time.

Instructions

Difficulty: Moderate

Steps

1

Step One

Find out if you live in a state that allows pet trusts. Many states do, but not all. Certain states allow what is known as an honorary pet trust, which permits pet owners to leave funds to a specific person, but without court oversight.
2

Step Two

Hire an attorney to assist you with setting up the trust.
3

Step Three

Include the name and address of a designated trustee and a designated caregiver, as well as a successor trustee and successor caregiver who will take over in the event the primary trustee or caregiver can no longer fulfill their obligation to care for your pet.
4

Step Four

Positively identify your pet in order to prevent fraud with photos and a microchip. Also, you might consider providing DNA samples.
5

Step Five

Describe your pet’s lifestyle, including exercise and play habits and specific care instructions such as what type of foods to feed him and how often. Specify any health problems and medications your dog requires, as well as how to administer the medication.
6

Step Six

Provide the name(s) of veterinarians that have treated your dog and require that the trustee ensures the caregiver provides regular veterinary check-ups.
7

Step Seven

Determine the amount of cash or assets needed to adequately cover the expenses for your pet’s care. Also specify how the funds should be distributed to the caregiver.
8

Step Eight

Establish the amount of cash or assets needed to cover the administration of the pet trust. For instance, fees accrued by the trustee and attorney fees.
9

Step Nine

Name a beneficiary to receive any remaining funds that are not used by the pet trust.
10

Step Ten

Provide instructions on how to handle your pet’s remains.

Tips & Warnings

  • You can designate a portion of the proceeds from your life insurance policy to fund a pet trust.
  • If a pet trust law does not exist in your state, you can still set one up as long as you establish some connection with a state that has one. For instance, if your designated trustee and/or caretaker live in a state that allows pet trusts or you own property in a state that allows pet trusts.
  • The Humane Society of the United States publishes a free estate planning kit, titled, “Providing for Your Pet’s Future Without You” and encourages every pet owner to establish a trust to ensure your pet is cared for in the event of your severe disability (in which case a will would not be valid). For more information or to order a kit, visit the HSUS website: www. hsus.org/petsinwills or call (202) 452-1100.
  • A good source for information on estate planning for pets is the book "All My Children Wear Fur Coats" by Peggy R. Hoyt, J.D., M.B.A. (See Resources below)
  • Only appoint a trustee and caregiver you know you can trust after carefully discussing it with them and feel certain they are willing and able to take on the responsibility of your pet.
  • Always keep your pet trust up to date and clearly state that the trustee receives the money only in the event that your death or illness precedes that of your pet. There have been cases where pet owners ended up surviving their pets, yet trustees were still awarded money by the courts.

How to Know a Family Lawyer is Doing His Job

Introduction

More than likely, you have used the services of an attorney, whether to write a will, fight a speeding ticket, buy a house or represent us in some other civil matter. You may have received bills for services where every minute spent by the attorney or his staff is listed in excruciating detail. How do you know if your family attorney is doing a good job for you?

Assuming that you've chosen an attorney after some sensible research, you should be an informed consumer of legal services. Ask yourself a few questions--and if you don't know the answer, ask your attorney before taking further action. Read on to learn more.

Instructions

Difficulty: Moderate

Things You'll Need

  • Access to the Internet or a public library

Steps

1

Step One

Are you informed of court dates, filings and other events in your case's history? Frequently, if a litigant (that's you) is represented by an attorney, courts send notices of appearance to the attorney of record, presuming that the attorney will communicate with her client. If you miss an appearance, the court may find against you, so it's important for you to keep track of appearances. Attorneys who forget appearances or ask for adjournments (re-scheduling) frequently may have too much work or too little help to give your case the attention it requires.
2

Step Two

Is your attorney prepared when you talk to him or he appears in court with you? Many attorneys read volumes and are accomplished pack rats. This is OK if your attorney is able to pull the current draft of your will out of that stack of paper on the fourth shelf of the bookcase behind his desk. If he takes too long to find things, you're probably financing some search time. Lawyers start and stop dozens of jobs in a work day and the atmosphere in many law offices alternates between that of a circus and a tomb. As a client, you should find your legal representative and staff ready to focus on your case and use their (your) time wisely and productively.
3

Step Three

If your case involves court appearances, is your attorney there early to explain what's about to happen and what you should do (presumably your attorney has told you to dress neatly and to stand up when the judge enters or stands)? Your attorney should explain to you what to expect in court--and what sort of procedure will be followed. You deserve to have your questions answered and you deserve it in terms you understand.
4

Step Four

Do you have questions about your attorney's work or ethics? You can consult your state's attorney discipline organization to find out if there have been complaints about her. These organizations are variously known as attorney discipline, attorney regulation or attorney ethics boards or offices and are generally organized by your state's Attorney General or supreme court. State bar associations and attorneys general often have attorney grievance committees. All of these organizations maintain public records of discipline.
5

Step Five

Do you trust your attorney? Sometimes personalities just don't mesh. Sometimes clients want a friend instead of an advocate. And sometimes, lawyers are just too busy to take another case but can't turn it down for one reason or another. If you don't think that your attorney is serving your best interests, let him know why. Maybe it can be cleared up. Maybe he'll say you should seek other counsel. Either way, you'll have your concerns out on the table and feel better about your choice to go or stay.
6

Step Six

If you have suspicions, check with an organization in your state that keeps track of lawyer complaints. Some index websites are listed below, beginning with the American Bar Association.
7

Step Seven

If you do change attorneys, be sure to ask that a copy of your file be forwarded to your new attorney. You will need to sign a release for this to be done.

Tips & Warnings

  • Most state bar associations have staff that are willing to answer questions about attorney performance. Do not expect them to deal with a specific situation or give you legal advice, though. They can tell you what the code of ethics is in your state, but cannot take sides in a dispute. Most bar association and state court system websites will have a link to the state's attorney code of ethics.
  • Always be civil. Most mistakes committed by attorneys are due to lack of time or organization and they will gladly address your concerns. In cases where incompetence or an ethics violations is actually at issue, rather than yelling at the attorney, file a complaint with your state's Attorney General or court system's office or board of attorney regulation or discipline. Making a complaint to the right body may save someone else the grief you've gone through.
  • Attorneys practice in all sorts of ways from solo general practitioners to partners or associates in large multinational firms. It is usually easier to answer questions about whether your solo or small-firm lawyer is doing a good job for you. But large firms will do just as good a job and have wider resources to draw upon. In a large firm, you may not always deal with the same lawyer but if you're frequently passed on to a paralegal or some other member of the firm, start asking questions.
  • Do not expect an attorney representing, say, your parents to talk to you about their affairs unless your parents have instructed her to do so. Privacy regulations and legal ethics dictate that attorney-client discussions are privileged, meaning they belong only to the attorney and client.

How to Write Your Will

Introduction

Everyone needs to write a will even if you don't have significant assets. It can be done without expensive visits to a lawyer. With today's modern convenience of the Internet, there are plenty of online ways to create a will. A lot of these take less than an hour from start to finish and cost less than $100.

Instructions

Difficulty: Moderately Easy

Things You'll Need

  • List of assets
  • List of debts
  • Last wishes

Steps

1

Step One

Calculate your assets. It is important to make an estimate of any assets you have. If you have less than $2 million, you may avoid estate taxes.
2

Step Two

Pick your heirs. When writing a will there are a lot of decisions to make--whom to leave property and/or assets to and appointing an alternate heir, in case your first choice doesn't survive.. If you are married your spouse should make a separate will. Property and assets that are jointly owned will automatically go to the surviving co-owner. Also, note that retirement accounts and life insurance where a beneficiary has been named are not under the jurisdiction of a will.
3

Step Three

When creating your will online always remember to print it and mail it to yourself. It is required by all states to have at least two witnesses when you sign your will. It may also be necessary to select executor or person who will carry out the terms of your will. This person, can and often is someone who will inherit assets under the will. Some states may require a notarized witness affidavit.
4

Step Four

Once your will is completed, put it in a safe place. Make several copies of your will and keep them in separate locations. Tell your loved ones and your executor where your will is.
5

Step Five

See Resources below for links to online will sites.

How to Write a Health Care Proxy Document

Introduction

A health care proxy, known as a "living will," "advance directives for health care" or a "durable power of attorney for health care," is a legally recognized document that reflects your medical treatment wishes. Without such a document of intent, the decision to keep an incapacitated patient alive by extreme measures could be left to the state. While such a subject may difficult to consider, preparation can save your family the pressure of stressful decisions in the future.

Instructions

Difficulty: Easy

Steps

1

Step One

Get a form. Health care proxy forms are available in stationery stores and online. It isn't necessary to have these forms prepared by a lawyer. Although you can use the sample forms as written, they also serve as guidelines if you want to develop your own.
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Step Two

Think about what you want. An "advance directive" spells out your wishes as far as the kind of medical care you do or don't want.
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Step Three

Choose someone to whom you can give the legal authority to make medical decisions if you are unable to decide for yourself. The proxy directive, also called a "durable power of attorney for health care," names the individual you have chosen. Naturally, you must consult with this person to be sure that they understand and are willing to accept this responsibility.
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Step Four

Spell out the specific medical treatments you wish to accept or refuse in an instruction directive, or "living will."
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Step Five

Consider a combined directive. This is a single document that both spells out treatment and names the proxy.
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Step Six

Don't worry--the proxy is in effect only as long as you are unable to make these decisions. Should you regain this ability, you can make your own decisions. You can change or update a directive at any time and also have the power to revoke it.
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Step Seven

State clearly in the form that if you are unable to give directions about your care, your family and physicians must honor the directive. The declarant must also state that he or she is legally competent to prepare the directive.
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Step Eight

Spell out such decisions as situations that would lead to DNR (Do Not Resuscitate) and forgoing life-sustaining treatment. Of course, your directive can also request that such treatments be used, as well as refused. In that case, the directive should state that artificially provided fluids and nutrition should be provided, to the extent appropriate.
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Step Nine

Address such issues as artificially provided fluids and nutrition, CPR, life-sustaining measures including mechanical or artificial means, terminal condition meaning an irreversibly fatal illness, permanent unconsciousness--meaning vegetative state or irreversible coma and permanent vegetative state, in which a patient may be kept alive by artificial means, incurable and irreversible disabling diseases such as Alzheimer's and brain death.
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Step Ten

Provide instructions for such specific situations as withdrawal or withholding of specific treatments, the medical conditions under which the patient's wishes must be implemented and any other special considerations.
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Step Eleven

Include organ donation instructions.
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Step Twelve

Have the documents signed and notarized in the presence of 2 witnesses, neither of whom can be the designated proxy or alternates. The witnesses can't be related by blood or marriage to the person making the proxy, entitled to any portion of that person's estate, an attending physician or a person who has a claim against the declarant. Copies of the documents should then be given to the person named as representative, to family members and to the declarant's physician. If the patient is about to be hospitalized or enter a nursing home, the documents should be presented and become part of the patient's record.

Tips & Warnings

  • Your proxy should understand that he or she is responsible for carrying out your wishes, even if others disagree. The proxy document should also name one or two alternate individuals, in case the original is unable to serve.
  • Make sure your directive states your true wishes. If you prefer not to be kept on life support if you suffer from an incurable condition, you should state that two or more physicians must determine that you are in terminal condition, and if life sustaining procedures would only serve to delay the moment of death, then such heroic measures should be withdrawn and the declarant (you) should be allowed to die.

How to Understand a Codicil to a Will

Introduction

A codicil to a will is a part of a will that is added after the original version was drafted. Codicils are often added to change, correct or update a will without changing the entire document. It is important to understand a codicil to be sure that the intentions of the will are carried out.

Instructions

Difficulty: Challenging

Things You'll Need

  • Estate planning attorney
  • Copy of the original will and codicil

Steps

1

Step One

Make an appointment with an estate planning attorney in your area. This should be the same attorney that drafted the will and codicil if at all possible.
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Step Two

Read the original will with the attorney to get a broad understanding of the intentions of the will.
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Step Three

Go over the codicil to see how it changes or amends the original document.
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Step Four

Make sure that the codicil has been signed the same way as the original will. The codicil will identify the will by referring to the date the original document was written.
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Step Five

Ask any questions you may have concerning the codicil. Provide any information you can to the attorney about changes in family situations that may have warranted the need for a codicil.
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Step Six

Find out how the codicil will effect how the executor of the estate will carry out the wishes of the will.
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Step Seven

Inquire what your next step should be if there are other questions, or if you feel the codicil does not reflect the wishes of the person who signed the original will.

Tips & Warnings

  • Understand that a will is a legal document and the wishes of the individual must be carried out even if you don't agree with the will or codicil.

How to Transfer Wealth the Right Way

Introduction

Nothing tears a family apart more than arguments over money. To make sure financial issues never come between you and your relatives, take some steps to ensure a smooth transition of any assets.

Instructions

Difficulty: Moderate

Steps

1

Step One

As with anything, the key to a smooth asset transfer lies in proper planning—-from deciding your goals to discussing your plans with heirs and working with your lawyer and/or accountant to execute your intentions.
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Step Two

You need to decide how much, when and in what form (e.g., cash, stocks, real property) an inheritance will be transferred. A team consisting of an attorney and a tax professional can help.
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Step Three

Deciding how to divide assets can have a major impact on family dynamics. Some family members may feel short-changed while others may feel burdened. The best way to address this is to let your family know your intentions ahead of time and, ideally, reach some kind of consensus early on to avoid conflicts down the road.

How to Probate a Will

Introduction

Probate is the legal process of proving a will is authentic and valid. Through probate, legal title is passed from the deceased person to the beneficiary. There are several items that do not go through probate such as life insurance, trusts, beneficiary rights on a retirement plan and a few other legal instruments. Following are steps for probating a will.

Instructions

Difficulty: Moderate

Steps

1

Step One

Find the will. This could be an easy or a difficult task. The will could be in a desk drawer, safe deposit box, at the lawyer's office, in a home safe, or at a trusted friend's house.
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Step Two

Determine whether the person who died owned real property. Real property is anything attached to the ground such as a house or even the ground itself (land). Everything else the deceased person owned is considered personal property.
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Step Three

Determine where your state probates wills. Some states have probate courts while others, like Virginia, do not. If there is a probate court, go there. Other states use the Circuit Court where the decedent's property is located. If no property, go to the county as described in Step 2.
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Step Four

Know the assets owned by the decedent. Have the mail redirected to your house so you are alerted to mortgages, car payments, retirement updates, and other important documents. Searching the house for the place where the decedent kept important documents helps, too.
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Step Five

Request the appointment of an executor or administrator if the decedent didn't specify one to his attorney. Different states call these people different names. Basically, the person who has fiduciary responsibility for the decedent's assets is the executor or administrator.
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Step Six

Make an appointment with the Probate Court or Circuit Court in the correct location. Bring the assets list and approximate values, the original will, and the death certificate.
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Step Seven

Seek legal advice from an estate planning attorney or the clerk at the courthouse for more information. The clerk is the gatekeeper in the court. The clerk can be a valuable resource, so start off on a good foot.

Tips & Warnings

  • Find out what the filing fees are before you show up.
  • Contact the lawyer who drew up the will for more help.
  • The will should be probated in the court where the decedent owned real property. If the person did not own real property, it should be probated where the person died or had her residence.
  • Generally an executor is someone who the will sets out. An administrator is one who the court appoints when the will is silent or the executor is not willing to serve.
  • If the will is in a safe deposit box and you do not have access, then you will have to ask the court for access.

How to Name a Pet Custodian in a Will

Introduction

It's a sad fact of life, but sometimes our pets outlive us. If we haven't made plans for their care after we're gone, they might be thrust into an animal shelter with mere days to live. We can bequeath an animal rescue a certain amount of money in exchange for lifelong care of our pet or name in our will a family member or friend as our pet's lifetime custodian.

Instructions

Difficulty: Moderate

Steps

1

Step One

Assess your situation. Think about the number and kinds of pets you have. Decide if you want all your pets to go to one person. There may be two or three that are so close they must stay together; make sure one person is willing to take more than one.
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Step Two

Determine who you trust. While a family member might love you, they might not love your dog and the day after you're buried, they might put Fido in the pound, despite what they promised you. When selecting a custodian, consider only those people who have met your pet, expressed enjoyment of your pet and who themselves either have in the recent past or currently are providing loving care to their own pet.
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Step Three

Name an alternate custodian, even two, in case the person you designate falls ill or passes away as well. The same concerns apply to alternate choices. Make sure you trust them to care for your pet.
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Step Four

Ask the person or persons you're considering if they are interested and willing to do what would be asked of them before you put their name on any legal document. Have a very sincere discussion with them and make sure they understand how serious you take this matter, how much you love your pet and that you would expect them to do the same.
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Step Five

Provide a specific amount of money for the custodian to use for your pet. On average, dogs cost about $1,000 per year, depending on size and cats average about $650. Unfortunately, the more money you leave for a pet, the more likely other non pet-loving relatives may try to challenge your will as being made by "that crazy cat lady" or "that dog nut."
Make sure your documents are air-tight.
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Step Six

Think about a pet survivors program through an animal rescue organization if you have no friends or relatives you deem trustworthy enough to name as caretakers for your pets. There are several groups that offer such programs, but you will want to thoroughly investigate them before making any commitments.
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Step Seven

Consult an attorney for the proper wording and documents needed to provide lifelong care for your pet or pets. If your attorney is also your trustee, make sure he or she will handle the transfer of your pet to your designated custodian and distribution of funds to care for your pet. You'll need to provide copies of the documents to your named custodian, alternate custodian and veterinarian.

Tips & Warnings

  • The Humane Society of the United States offers a free kit, "Providing for Your Pet's Future Without You," which includes a fact sheet, wallet alert cards, emergency decals for windows and doors, and pet custodian information forms. Request one by writing petsinwills@hsus.org or calling 202-452-1100.